Woman sentenced for animal cruelty

MOSCOW - A Moscow woman will spend the next 12 days in jail - and the next two years on probation - following her conviction on five animal cruelty charges.

Teresa Davis, 55, was taken to jail immediately after a lengthy sentencing hearing in Latah County Magistrate Court on Thursday.

"Jail will become a reality for you - the food, the smells. That's the best lesson I can give you," said Magistrate William C. Hamlett.

Davis was convicted of neglecting five horses on her property in the 900 block of North Polk Extension, following a two-day jury trial in March. Moscow Police said they received multiple citizen complaints over a period of several months regarding the condition of the animals.

Prior to her sentencing, Davis said she was caring for the animals "and never felt like I neglected them."

She suggested she was a victim of "vigilantism" on the part of people who "lied about my past" and perjured themselves during the trial.

"I take it, regardless of what happens today, you still harbor the belief that you've been victimized?" asked Hamlett.

"I have been," Davis replied. "I feel I'm at your mercy. I feel like the state had people at the trial who think lying was justified."

Moscow police searched Davis' property in December. According to court documents, they found two horses in a pasture with minimal food and water and no access to shelter. Three other horses were confined in a barn. All five animals were in "very poor" condition.

Davis and her attorney, Danny Radakovich, did not dispute that the animals were in poor shape, but insisted there was no intent to deliberately harm them. They also noted that Davis doesn't plan to own or board any more horses.

"I think she'd be insane to ever own horses again in this town," Radakovich said. "You don't need to have supervised probation to make sure of that, because everyone who drives by will be spying on her."

Moscow Prosecuting Attorney Erin Tomlin recommended that Davis be sentenced to two years supervised probation on each of the five counts - served consecutively, so 10 years in total - as well as 120 days in jail with 90 suspended. She also proposed more than $12,000 in restitution for the subsequent care of the horses, which have been forfeited to the city of Moscow.

Radakovich said the 10 years of probation and 30 days of jail time were both excessive, as was the $12,000 in restitution. He requested a restitution hearing to determine a more appropriate amount. He also suggested Davis' horses should be sold rather than simply forfeited, with the proceeds going toward the restitution amount.

Judge Hamlett noted that Davis had rejected multiple offers of help and assistance. He described her as "recalcitrant," and noted that she was on probation for a previous violation of Idaho's animal care statutes.

"That means probation wasn't successful, so you need to go to jail," he said.

He sentenced Davis to 180 days in jail with all but 12 days suspended, as well as two years of unsupervised probation and almost $1,300 in fees and costs. While on probation, she is prohibited from owning or caring for any horses.

Hamlett scheduled another hearing for May 8 to determine how much additional restitution Davis must pay. He also denied Radakovich's motion for a new trial, but allowed him 14 days to file a new motion.

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Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.